Our Firm’s long established presence in China and Hong Kong has allowed us to acquire the expertise and build the relationships to best address the complexities of doing business in both territories.

Agile Solutions in a Changing Environment

In a continent as vast and complex as Asia, the organizational structure of C&A Advisors allows the firm’s professionals to easily provide assistance on issues that involve not only different fields, but also different geographical areas.

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News

The Circular states that, where profits distributed by a resident enterprise within the territory of China to an overseas investor are used by such investor for direct investment into the encouraged-category of investment projects in the PRC, the tax deferral policy shall apply, without the collection of the withdrawing tax on a temporary basis, if relevant requirements are fulfilled.

Overseas investors temporarily not subject to the withholding tax must meet four requirements, whereby it is also specified the relevant "profits obtained by the overseas investor are returns of equity investment, such as dividends and bonus, generated from retained income that has been actually distributed by the Chinese resident enterprise to the investor".

Furthermore, the Circular states that, if an overseas investor is eligible for but does not enjoy such preferential policy in fact, it could file an application for enjoying the policy within three years from the date the relevant tax payment is made in practice, and the amount of tax paid will be refunded.

The Circular states that, where profits distributed by a resident enterprise within the territory of China to an overseas investor are used by such investor for direct investment into the encouraged-category of investment projects in the PRC, the tax deferral policy shall apply, without the collection of the withdrawing tax on a temporary basis, if relevant requirements are fulfilled.

Overseas investors temporarily not subject to the withholding tax must meet four requirements, whereby it is...

The Circular Cai Shui [2017] n.79 has been recently released as a further step, to extend this CIT incentive nationwide effective retroactively from 1 January 2017, it will allow more high-tech and high value-added service enterprises to enjoy the preferential tax policies.

The incentive includes the following:

· Advanced technology service enterprises are subject to enterprise income tax (EIT) at a rate of 15% (the statutory rate being 25%); and

· A deduction applies to employees’ education expenditure (up to 8% of the total salary and wages), provided that certain requirements are met.

New Deadlines for China Work Permits Renewals

According to the Announcement of the State Administration of Foreign Experts Affairs (SAFEA), all foreigners are required to submit their application for Chinese work permit renewal 30 days ahead of the expiration of their permits. Those who fail to comply will be denied renewal and must start a new application for a work permit.

The Announcement was issued by the SAFEA, not the regional Foreign Experts Bureau, so it applies to any city in China. Under the new regulation, every applicant should clearly know how many days one should prepare for work permit renewal before the current permit expires. Persons applying only a few days before their expiration date for a work permit renewal will absolutely be unable to work.

Applicants should leave sufficient time for the work permit renewal (2-3 months are recommended). Also, preparing documents in advance is recommended. For work permit renewals, proof of non-criminal record and supportive documentation for working experience in an overseas country are not needed; others requirement are the same as for first-time applications.

China Lifts Foreign Investment Bans in Chinese FTZ

According to the recently published regulation, certain restrictions have been lifted in the free trade zones in China and, among others, there are major developments in the entertainment sector.

We list some below for your reference (from the Appendix - Catalogue of Certain Provisions of the Relevant Administrative Regulations, Documents of the State Council and Departmental Rules Approved by the State Council that the State Council Decides to Temporarily Adjust within Pilot Free Trade Zones):

Allow the establishment of enterprises with foreign investment engaged in the operations of printing other printed matters with the relevant administrative measures to be formulated by the competent department of press and publication under the State Council.

Suspend the implementation of the related contents and allow the establishment of solely foreign-funded entertainment places which may provide services in pilot free trade zones, with the relevant administrative measures to be formulated by the competent culture department under the State Council.

Suspend the implementation of the related contents and allow qualified Sino-foreign equity travel agencies registered within pilot free trade zones to engage in providing outbound tourism (other than to Taiwan) business services to Chinese mainland residents, with the relevant administrative measures to be formulated by the competent travel department under the State Council.

Suspend the implementation of the related contents and allow foreign investors to engage in the design, manufacturing and maintenance of general aircraft at the level of 6 ton with no more than nine seats by means of wholly foreign investment; cancel the restriction on proportion of investment in the design and manufacturing of civil helicopters at the level of 3 ton or more

Suspend the implementation of the related contents and cancel the restriction, in terms of the number of years of business starting, for business institution of a foreign-invested bank to conduct any Renminbi business.

16. Suspend the implementation of the related contents and cancel the restriction, in terms of the number of years of business starting, for business institution of a foreign-invested bank to conduct any Renminbi business

Suspend the implementation of the related contents and allow foreign investor and investors from Taiwan to establish solely-funded performance brokerage institutions to serve provinces and municipalities directly under the Central Government where pilot free trade zones have been set up, with the relevant administrative measures to be formulated by the competent culture department under the State Council.

The relevant government authorities will formulate implementation rules to guide the practice in the free trade zones.

Profits to Overseas Investors Used for Direct Investment now Free from Withholding Tax

The Circular states that, where profits distributed by a resident enterprise within the territory of China to an overseas investor are used by such investor for direct investment into the encouraged-category of investment projects in the PRC, the tax deferral policy shall apply, without the collection of the withdrawing tax on a temporary basis, if relevant requirements are fulfilled.

Overseas investors temporarily not subject to the withholding tax must meet four requirements, whereby it is also specified the relevant "profits obtained by the overseas investor are returns of equity investment, such as dividends and bonus, generated from retained income that has been actually distributed by the Chinese resident enterprise to the investor".

Furthermore, the Circular states that, if an overseas investor is eligible for but does not enjoy such preferential policy in fact, it could file an application for enjoying the policy within three years from the date the relevant tax payment is made in practice, and the amount of tax paid will be refunded.

The Circular Cai Shui [2017] n.79 has been recently released as a further step, to extend this CIT incentive nationwide effective retroactively from 1 January 2017, it will allow more high-tech and high value-added service enterprises to enjoy the preferential tax policies.

The incentive includes the following:

· Advanced technology service enterprises are subject to enterprise income tax (EIT) at a rate of 15% (the statutory rate being 25%); and

· A deduction applies to employees’ education expenditure (up to 8% of the total salary and wages), provided that certain requirements are met.

why choose us

The Firm’s long established presence in China and Hong Kong has allowed us to acquire the expertise and build the relationships to best address the complexities of doing business in China and Hong Kong. These strengths coupled with the international background of the Firm, enable us to operate as a bridge for foreign companies operating in China and Hong Kong. Our clients are multinational corporations, small-medium enterprises and individuals. They choose C&A Advisors for the high and consistent standard of services...

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Credentials

In the past 2 years we have been working with Veronica Ciolli at C&A Advisors and we have appreciated the flexible, punctual and competent support in advising us on both our long term planning and daily issues. It has been very important for us to be able to cooperate with an advisor who can support us locally and communicate with our HQ in Italy.

Fabrizio Finocchiaro, Managing Director of Vodafone Automotive

C&A provides valuable additional support to our management, which is much needed in a changing, progressive and challenging China. Today we put more time on creative and commercial work, assured that C&A looks after our interests in the accounting and tax aspects.

Sergio Spadone, CEO of DEBAO

Reliability, High Quality Service and Quick Response. These are the reasons why we selected C&A ADVISORS as our account partner.

DIRECTOR of PINKO

During the establishment of NeoXam in China, we needed an administrative, accounting and legal partner to guide us, advise us and reassure us, not only at the first stage of the establishment, but in daily issues as well. The possibility to have partners who can speak French with our HQ, Chinese with the management on site and English is a real plus. It has been already two years working with Marco D'Amore and C&A Advisors: we are totally satisfied and intend to continue to rely on their expertise to support us throughout our development in Asia.

Axel Jacquet, COO of NeoXam China

My company has benefited from C&A consultancy since 2005 - their key strengths are high professionalism, timeliness, courtesy and friendliness. These traits help the customers to build a perfect and durable cooperation in the challenging Chinese market.

Massimiliano de Giovanni, General Manager of Carpisa

China is a faraway country and such a distance can alter practices significantly when talking about culture and different ways of both doing and managing business. For GWC Group, C&A is the partner that helps in shortening the distance and making China feel like a much closer country.

Nicola Rossi, Chief Financial Officer of GWC Group

We have been working for the last few years together with C&A with satisfaction onvarious matters regarding company governance, company restructuring and legalissues for our subsidiaries in China and Hong Kong.

Maurizio Parodi, CFO of Tenova

C&A has been an important partner for us in the last four years regarding problemsolving. With high professional expertise and extremely quick responses, they helpedus in solving financial and due diligence issues.

Paolo Daneu, CEO of Seves Group – China

C&A has been able to understand our needs in a very short time. They have showngreat reliability, expertise and responsiveness. C&A is a great partner!